Metal Anarchy

According Billboard, Nirvana have scored another victory in the “child pornography” lawsuit that was filed against them by Spencer Elden, the man who appeared on the cover of “Nevermind” as a baby. This news comes after the case was previously appealed in 2023.

The suit initially claimed that Nirvana “intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the ‘Nevermind’ album, the band, and Nirvana’s music, while earning, at a minimum, tens of millions of dollars in the aggregate.” Elden also claimed he suffered “lifelong damages” as a result.

However, Judge Fernando Olguin has since ruled that the cover does not meet the criteria for “child pornography.” He said the following about that:

“Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct.”

Olguin also referenced instances in which Elden recreated the album cover in 2016, got a “Nevermind” tattoo on his chest, etc. He continued:

“Plaintiff has, for many years, embraced and financially benefited from being featured on the album cover. Plaintiff’s actions relating to the album over time are difficult to square with his contentions that the album cover constitutes child pornography and that he sustained serious damages as a result.”

Nirvana’s attorney Bert H. Deixler commented:

“We are delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations.”